Surkey v. Smith

MURRAY, Justice.

Appellant, Mosie Wright Surkey, instituted this suit against J. B. Smith, seeking to recover damages caused by the death of her husband, George Surkey, who was struck and killed by an automobile owned and driven by J. B. Smith.

The trial was to a jury and in keeping with the verdict judgment was entered denying Mrs. Surkey any recovery, from which judgment she presents this appeal.

Appellant contends that the court erred in not submitting her requested issues relating to the question of discovered peril. The rule, in passing on the question as to whether there was sufficient…